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CLAIM OF METHODIST EPISCOPAL CHURCH SOUTH. 



"Nor shall private property he taken for public use, -without just compen- 
sation." — Constitution of United States. ,.<- '""^ 

"If the necessities of the public service should require l;he use of private 
property to public tises, compensation is to be allowed." — Proclamation of 
General Buell., Nashville, February W, 136:2. 

" The average saving to the Government, taking Cincinnati, Chicago, Pitts- 
burg, and iNfashville prices, as shown by monthly reports heretofore sent, is 
82j-per cent, though it is believed the actual saving is 100."— i7. S. Quarter- 
master Bex>ort, 1S65. 



ARMY APPROPRIATION BILL. 



SPEECH 



OF 




\tM; 






HOUSE OF REPRESENTATIVES, 



Saturday, January 16, 1898. 



1898. 



4^. 



0> 



>i^^ 



5- 






68114 



SPEECH 

OF • 

HON. JOH¥ W. CtAINES. 



The HouE?e being in Committee of the Whole on the state of the Union, ancT 
having under consideration the bill (H. R. 6546) naaking appropriations for 
the support of the Army for tho fiscal year ending June SO, 1B99, and for other 
purposes — 

Mr. GAINES said: 

Mr. Chairman: I shall consume the f ew miniTtes that I have at 
my disposal in calling to the attention of the House some of the 
facts upon which is based the claim of the Methodist Episcopal 
Church South, as it is commonly called, inasmuch as it may again 
in a few days be considered by this body as unfinished business. 
The technical name is the "Book Agents of the Methodist Epis- 
copal Church South." It is a corporation chartered in 1858 by 
the laws of Tennessee. It is purely eleemosynary. It is not one 
of profit. The profits, if any, are used in caring for superannuated 
preachers and their families. There is "no stock or shareholders, 
cr any personal or individual interest whatever " in the concern. 

The claimant's petition says: 

The house is strictly a charity for the dissemination of literary, scientific, 
and religious knowledge among the millions that come within its iufluence, 
of all classes and races, particularly the young and illiterate. 

The property in question has always been located in Nashville, 
Tenn. , my home. Briefly described, the claim is one of eminent 
domain, which, when exercised, we all know, calls for " just com- 
pensation" promptly made, either before or after the invasion, 
always one or the other, when it is justly and lawfully exercised. 
In cases where it is exercised by military forces in time of war or 
by sovereign powers, the compensation generally follows the injury 
done. The actual injury complained of in this case began in 1864 
and continued until 1865, and until after the close of the war, 
nearly, if not quite, two years. 

I say it is a plain case of eminent domain, because the facts are 
briefly these: The plaintiffs property was much needed by the 
Federal forces at Nashville, and because needed they took it" and 
not because they wanted to confiscate it. It was never confis- 
cated. It wa,s taken charge of, the claimant entirely dispossessed, 
except of its title. The property was used, greatly damaged, and 
some of it entirely consumed by the military forces of the United 
States then stationed in the city of Nashville. Described in legal 
terms, Mr. Chairman, the plaintiff s property, which was noncon- 
fiscable, was "taken, applied, damaged," and in part entirely con- 
sumed by the military authorities representing the Government 
of the United States. 

Portions of the property were entirely destroyed, not simply con- 
sumed as the stock of goods within the buildings, biit destroyed — 
that is to say, one of the new buildings was pulled down that the 
2920 3 



remaining buildings might be more conveniently used and turned 
into, as they were, a military manufactory for the military forces 
of the Government. The large and valuable machinery was nearly 
all destroyed by rough and excessive use. It is set forth in the 
claimant's original ijetition, a copy of which appears in the Record 
of to-day, and is couched in the following words and figures: 

Kent of real estate, two years, $15,000 per annum, the ])roperty being 

valued at 8150,000, 10 per cent per annum $30,000 

Eent of machinery, presses, etc., 25 per cent per annum on the valua- 
tion, $313,000, two years, 578,000 per annum 15G,000 

Use of three iron lathes, §17 per week, one hundred weeks 5, 100 

Injury and consumption of machinery, presses, type, etc., 50 per cent 

on valuation - 1.30,000 

Front store torn down to more conveniently use the remaining build- 
ings -- -- .5,000 

Stereotyije materials, etc., consumed-. 4,550 

Job office, etc., carried to the front, and stock with it 5,.5CO 

Belting worn out ..- 7.50 

Merchandise in front stores used and destroyed 90,000 

Injury by alterations of buildiugs internally ..- 5,500 

453,400 

The claimant agrees to take the compromise amount, $288.C00 
in full of its claim, rather than wait longer. 
The report says: 

This, is the sum $.':8S,000 that remains after reducing the price for the rent of 
the machinery, etc., below the estimates of the witnesses from 35 percent to 30 
per cent of its cost, which is the lowest sum named in the testimony by any 
of the experts, and reducing the amount claimed for injury done to the prop- 
erty from 50 per cent to 20 per cent, which is less than half the amount named 
by "any of the experts, and by reducing the charge for merchandise used, etc., 
from 50 to 35 per cent. 

The evidence reveals the damages ($458,000) the claimant states. 

The claimant was not only " deprived " of its property, save and 
except the technical title, possession entirely being taken and for 
several years, but its business was entirely broken up. In addi- 
tion to all this, portions of these handsome buildings were torn 
down, but, as stated, not to confiscate them-^not at all — but to 
more conveniently fix, change, and use the remaining buildings as 
a military manufactory. The remaining buildings were changed 
in many ways, and so hurriedly as that they were damaged and 
battered in attempting to make them conform to the military ne- 
cessities and exigencies then existing. The property was then 
(1864) valued at about $700,000, $400,000 being cash, having been 
put into the business at the beginning, in addition to other hand- 
some contributions from outside sources. When returned to 
claimant it was valued at about $200,000. 

On the capital invested claimant's petition says: 

The capital with which said house commenced business was mainly the 
share which fell to this church of several funds belonging to the Methodist 
Episcopal Church on the division of said church in 1844, awarded pro rata by 
the Supreme Court Of the United States, and which funds amounted to some- 
thing over §400,000. To this was added large private donations in money and 
other property, by bequest and otherwise; and also two smaller piibhshing 
establishments of said church at Richmond, Va., and Louisville, Ky. ThTis 
set agoing, the house continued to do a respect-able and increasing business. 

As to the kind of buildings, claimant's petition, I know, Mr. 
Chairman, correctly states the facts as follows: 

It might bo well for us to state that our buildings were of stone and brick, 
among the best, and one of the best sites in tho city, from four to seven 
stories high, fronting 80 feet by 213 deep, with a wing fronting 130 feet oa 
another street, and about 50 feet deep. 

2320 



This property, located at iny home, Nashville, is well knoTvn to 
me. It fronts on the public square in that city, and extends back 
to the Cumberland River, which, of course, makes it very valu- 
able propert}'. In addition to these valuable buildings the ma- 
chinery therein was heavy and costly, used for printing and other 
purposes, and proved invaluable to the military authorities in 
supplying them with immense quantities of much needed printing. 
Claimant's petition thus describes this machinery: 

In addition to the ordinary implements and macliinery of the printing and 
publishing manufactoi'y. the remoteness of Nashville from the Northern 
cities caiised the manajrers of this institution to laossess themselves of large 
iron lathes and other implements constituting a, machine shop for turning 
and hanalins heavy iron for manufacture or repair of presses and other 
machinery of the establishment. 

Beyond qiiestion this was extremely valuable property, the finest 
printing establishment short of Y/ashington or New York, and 
the testimony of Federal ofncials filed with this claim states and 
proves the fact. 

You can readily see that turning this great printing establish- 
ment, being used in a civil, business-like way by the claimant, 
into a military manufactory, for which it was never intended, 
within a few days' time necessarily damaged it very much. It 
was used day and night, and excessively. The machinery was 
rtin twenty-five revolutions per minute faster than intended, and 
by green printers and workmen, whereby it was broken, some 
destroyed entirely, while all of it was worn out and rendered prac- 
tically useless. These facts are sworn to by the most reputable 
citii:ens of Nashville, belonging to both parties. Republicans and 
Democrats, Union men and non- Union men, and, I may add, by 
men who worked for the claimant before and after the war, while 
some of them were employed by the military forces to run this 
machinery while in use by the Federal forces. 

The witnesses I refer to here were salesmen W. R. Warren, 
John W. Hunter, and master- workmen Spillers, Dashiell, Carroll, 
and Kelsea, who are experts and practical men in their respective 
departments. The veracity and ability of these men, as well as the 
claimant's other witnesses, is vouched for, as the official records 
of this House show, and as I personally knov,% by the following 
leading citizens. Union men. Republicans, and now ex-officials. 
First, I see the certificate of Mr. Harrison as to the engineer in 
charge of this machinery. He says: 

Office of U. S. Local Inspector of Steam Vessels, 

Kashville, October 1, 1S72. 
This is to certify that I am personally acquainted with William Q. Dashiell, 
the present chief engineer of the Nashville waterworks, and I know him to 
be a gentleman and a first-class engineer, and would give credit to any state- 
ment he might make. 

SAM. M. HARRISON, 
U. S. Lccal Inspector Boilers, Kashville, Tenn. 

Next appears that of Mr. Carels as to Mr. Kelsea, the superin- 
tendent and manager of the stereotyping department, a profes- 
sional printer and workman. He says: 

I am personally acquainted with William Kelsea, and have known him for 
a number of years. He is a man of integrity and perfectly reliable in any 
statem.eut h^may m.ake. 

JOS. S. CARELS, 
Chief Clerk JS'ashville Post-OJflce, 
Nashville, Tenn., November D, 1S72. 

I know Mr. Carels personally. He is now librarian at the Wat- 

2930 



6 

kins Institnte in Nashyille. He is and lias always been a Repub- 
lican. 

Next TTe notice the certificate of tlie clerk of the United States 
circuit court, Mr. Campbell, whose untimely and tragic death 
cast a gloom over otir entire community. He says: 

United States of America, 

Middle District of Tennessee: 

I, E. R. Campbell, clerk of tlie circuit court of the United States for the dis- 
trict aforesa-id, do hereby certify that I am well acquainted with the stand- 
ing and reioutation of Eev. A. L. P. Green, Thomas D.Fite, K .-.Thomas O. 
Summer.s, 'Hugh Carroll, Eev. "W. R. Warren, J. W. Hunter, Wm. P. Banar, 
A. H. Bedford, and Rev. Richard Abbey, and from my knowledge of the men, 
and also from their general reputation, would say that they are entitled to 
full faith and credit in any deposition or otherwise. In fact, they rank 
among the best and most substantial men of Nashville, and implicit faith 
would be given them before the courts. 

[SEAL.] E. E. CAMPBELL, 

Cleric United States Circuit. 

NASHVILIjE, Tenn., September so, 1873. 

And finally, Mr. Chairman, comes the sworn statement of Judge 
East, well known, I know, to a number of distinguished Sepub- 
licans, Union soldiers, now members of this House. Judge East 
is one of the most distinguished lawyers in the South, a Repub- 
lican, but rather independent now in politics; a Union man, who 
was private secretary to Andrew Johnson when he was military 
governor of Tennessee, and was in 1873 chancellor at Nashville. 
Judge East says: 

I have known A. L. P. Green, Thomas D. Fite, Thomas O. Summers, Hugh 
Carroll, W. E. Warren, J. W. Hunter, William H. Bang, A. H. Bedford, Richard 
Abbey, and Robert T. Spillers for many years, none of them for Ic-ss than 
five years and many of them for more than twenty years. They are per- 
sonally among the best class; no better citizens can be found in this or any 
other community. They are gentlemen of intelligenco (some of them in a 
high degree), of the most conscientious regard for truth, and entitled to i'ull 
faith and credit under all circumstances. 

I am, respectfully, EDWARD H. EAST, 

Chancellor of the Seventh District of Tennessee. 

September 30, 1873. 

Then, I see the strong statement of Dr. W. H. Morgan, who for 
many years before the war, and since, lived in Nashville— a leading 
dentist and professor, one of our best citizens, a strong Repub- 
lican, who says ho voted for Benjamin Harrison for President, 
who was in Nashville during the war, who knew all the facts of 
this case, and who states the claim is just, correct, and should be 
paid. 

Again, there is Judge Whitworth, who was presiding judge in 
the sixties, still living in Nashville, a man of distinguished abil- 
ity, one of our best citizens, I believe a Union man, who was 
judge of and regularly held the county court of Davidson County 
during the entire war and for many years thereafter, and who is 
now a capitalist and banker. 

He says this claim is just, due, and should be paid. With Dr. 
Morgan and other leading citizens he went with T^Iayor Cheatham 
to see General Buell, in February, 1882, and asked him to take 
charge of the city of Nashville and protect her citizens and prop- 
erty "from military and domestic violence. This General Buell 
agreed to and isstied a proclamation to that effect., and in so many 

words said: 

Nashville, Tenn., February 26, 1SG2. 
If the necessities of the piiblic service should require the itsb of private 
proper ty to public uses, compensation is to be allowed. No such appropriation 
of private property is to be made except by tho authority of the highest 
2930 



commander present, and any other ofScer or soldier wlio shall presume to 
exercise such privilege shall be brought to trial. 

Soldiers are forbidden to enter the residences or grounds of citizens upon 
any plea without authority. 

In addition to this high testimony as to the justness and the 
amount of this claim, I will here state, and later on show, that the 
bishops of the Northern Methodist Church, including the bishops 
of the African Methodist Church, have repeatedly urged Congress 
to pay this claim, stating that the claim is just, while many of 
them state they personally know that it is just. 

I give the names of some: Bishops Morris, Janes, Simpson, Ames, 
Bowman, Merrill, Peck, Haven, Hurst, McCabe, Cranston, Mnde, 
Walden, Q-oodsel, Vincent, Foster, and the following bishops of 
the African Methodist Episcopal Church, to wit: Tiirner, Q-aines, 
Arnetfc, Hanna, Grant, Lee, Salters, and Handy. While recently, 
Mr. Chairman, a joint commission, representing 5,000,000 Meth- 
odists, recommend the payment of this claim. The names of the 
commissioners are as follows: 

Bishop John F. Hurst, D. D., LL. D., "Washington. D. C; Bishop W. X. 
ISTinde, D. D., LL. D., Detroit, Mich.; Bishop S. M. Merrill, D. D., LL. D., 
Chicaa;o, 111.; Bishop John G. Granberry, D. D., LL. D., Ashland, Va.; Bishop 
K. K. Hargrove, D. D.,LL. D. , Nashville, Tenn.; Bishop VT'.W. Duncan, D. D., 
LL. D., Spartanburg. S. C; Rev. E. E. Hoss, D. D., LL. D., Nashville, Tenn.; 
Rev. R. J. Cooke, D. D., Chattanooga, Tenn.; Rev. H. G. Jackson, D. D., Chi- 
cago, 111.; Rev. L. B. Wilson, D. D., Washington, D. C; Rev. G. G. N. Mac- 
Donell, D. D., Waycross, Ga. ; Rev. John H. Dye, Helena, Ark.: Judge T. B. 
Sweet, Topeka, Kaus. ; Judge T. H. Murray, Clearfield, Pa. ; Judge Walter 
Clark, Raleigh, N. C. ; Col. Asa Holt, AbUene, Tex. ; Prof. W. R. Jones, LL. D., 
University of Mississippi; R. T. Miller, esq., Covington. Ky. 

Mr. Chairman, the contents of this building were very valuable, 
consisting of paper, books, printing material, and everything that 
would stock a first-class printing establishment. This was taken 
and consumed by the military forces in charge. The claimant's 
petition on this point says: 

In 1863 the Army needed these lathes, etc., and, with the consent of the 
agent, took and used them until the close of the war; and early in 1863 the 
Army found it necessary to have a job office at the front for printing, which 
was ordered from our house, and to which was added various other lots of 
printing material at different times. These supplies were furnished as re- 
quired by the general in command. Toward the close of 186.3 the necessities 
of the Army for printing and binding, etc., having increased very much be- 
yond all expectation, and in the then condition of the country it being im- 
practicable to procure suitable supplies from the North, Ma.jor-General 
Thomas, then commanding, took possession of our entire establishment, with 
all its buildings, machinery, paper, types, ink, stationery, books, etc., and 
property of every kind. 

Now, listen to this especially: 

At the end of two years what was left of the property vmconsumed was 
returned to us very much broken and damaged. The reason why the ma- 
chinery was worn, broken, and used up beyond ordinary wear is explained 
by the testimony of the engineers as being caused by the necessity of the 
Army, the machinery being pushed far beyond its capacity, and subjected to 
kinds of work for which it was not intended. The buildings themselves were 
also considerably moditied and changed to meet the necessities of the Govern- 
ment. One entire store was torn down and removed, and considerable other 
changes made in the interior of the buildings for the use of the Army. 

Mr. Spillers, a practical printer, vrho was entirely familiar with 
the machinery and the value thereof in these buildings, says that 
when the Army took charge of it itv/as worth $313,000. 

Dr. Abbey, the agent in charge at the time, and Mr. Hudson, 
say: "■ The merchandise in front stores was valued at $180,000," 
while Dr. Abbey further says: "The machinery, tj^pe, presses, 
bindery, etc., were valued at $313,000." 

£0,30 



8 

In effect, the other testimony of men Tvho actually knew both 
the bnildings and the contents thereof corroborates these wit- 
nesses. 

Now, Mr. Chairman, v\'hen we remember that this machinery 
Y.'as worn out and that all this stationery and printing parapher- 
nalia were consumed, and that the value of tlie two was §312,000, 
and that the claimant is willing to take the compromise figure 
of $388,000; and when we further remember that in addition to 
the property actually consumed one of the buildings was torn 
down, valued at §15,000; that great damage was done to the remain- 
ing buildings; that the claimant was deprived of possession, the 
rent, and use of its buildings; that its business was broken up 
for several years; and that the total amount of its claim, which 
has been closely and conscientiously audited, amounts to $458,509; 
that this damage occurred over thirty years ago; that the claim- 
ant has been asking Congress to pay even this compromise amount 
since 1872, it is child's play, it is unjust, it is un-American, it is 
a painful example of "man's inhumanity to man, "to longer delay 
the payment of this claim. 

The petition of the claimant states and shows that it was neces- 
sary for the preservation of the Army at Nashville for this property 
to be taken and used. The petition states on that point: 

The actual possession wa-s taken Trith but three hours' notice, so that there 
was no possible opportunity to take even the most cursory inventory of the 
property. So great was the stress of the Army for shelter in bad winter 
weather that our large stores and warehouses, filled with costly books and 
stationery, had to be emptied in a day to make room for large quantities of 
leather, saddlery, and medical stores. It was at the time impracticable for 
the Army to find shelter in the city for all Government stores, so that the 
taking of the establishment was solely the result of the necessities of the 
Array, the sam.e as many similar instances in the city. We were informed, 
and believe, it was not the intention to interfere with these buildings and 
their contents, if it could be avoided, and they were suffered to remain till a 
very late period; but the necessity came with the arrival of large, valuable 
army supplies; and though the agent in charge believes the Army officers 
took all reasonable measures to prevent loss of property, it was impossible 
to do so. 

Absolute possession. Dr. Abbey says, was exacted and given. 
He states: 

It will be observed that our entire property passed immediately and abso- 
lutely into the possession of the Government. 

TSSTIMONY AS TO ESTIMATED VALUE. 

Dr. Abbey, the agent in charge at the time the invasion took 
place, Mr. Fite, Dr. Green, and possibly others estimate the value 
of the grounds and buildings alone at §150,000. Dr. Abbey, Mr. 
Warren, a salesman employed by the claimant at tlie time, and Hugh 
Carroll, the bookkeeper of the claimant, estimate the value of the 
"merchandise in the front stores alone at $180,000." Dr. Abbey, 
Mr. Carroll, and Mr. Spillers, an expert printer and superintendent 
of this concern, estimate the value of the machinery, type, presses, 
and bindery, etc., at $313,000. 

Mr. Kelsea says that the plates, metal, and material " used "in the 
foundry department were valued at $4,550.70, as near as he could 
approximate. Dr. Abbey says the printing-office outfit was taken 
entirely away and never returned, valued at $5,500. The new 
building, he says, pulled down, was valued at $5,000, and that 
the alteration made in the interior v^'onld cost §5,000 to be restored. 

Mr. Ddshiell, Mr. Spillers, Mr. Hiidson, and other practical men 
who had worked before, during, and after possession was taken 
20;:o 



by tliG Array, said that the machinery was overworked, and 
therefore repeatedly broken, and tiltimately worn out and made 
practically useless. Mr. Bang, Mr. Carter, Mr. Spillers, Dr. 
Abbey, and others testify as to the "value " of the " iise " of this 
property, in substance, as set forth in the itemized claim to which 
I have already alluded. 

lS"ow, Mr. Chairman, with this brief and hurried review of the 
claim, i dare say, and as seriously as I know how, that if the Gov- 
ernment were to undertake to controvert this testimony it would 
be an utter failure — a failure because we have given the facts as 
they are. The truth is stated in the record of this claim, and 
incontrovertibly. It simply remains now as to whether or not 
Congress, in the face of the Constitution, the proclamations of 
President Lincoln, the military orders of General Thomas, Gen- 
eral Donelson. and General Buell, the war policy of this and all 
civilized countries, and the civil-wa.r statutes as construed by the 
Supreme Court of the United States, shall exercise the right of 
might and continue to refuse to pay a just claim and to a chari- 
table institution, when that claim is based upon an actual taking 
of property used and enjoyed, and to the great detriment of the 
claimant. 

To longer deprive this claimant of just compensation when 
many less meritorious claims so happily alluded to by General 
Grosyenok, amounting to thousands of dollars, have long since 
been paid is an unjust visitation. The gentleman from Pennsyl- 
vania [Mr. Dalzell] sa,ys the claim is just and that it should be 
paid; that he favors the bill, not the one that favors a direct aiD- 
^^ propriation, but the first bill, which seeks to refer the claim to 
\he Court of Claims for adjudication, Now, what does this mean, 
iJr. Chairman? Is the gentleman a real friend to the cla,imant? 

Does he not know the Court of Claims is four or five years 
behind in its business? This fact has been made known to me by 
a leading Repiiblican, who investigated the ma,tter Pvfter the bill 
referring this claim to that court was introduced. Hence it was 
the second measure was introduced, which we ask to be substi- 
tuted for the first. Then the e^ect of referring this bill, the 
justness of which is admitted by even its real enemies, as the 
gentleman from Pennsylvania is in effect, is but to at least defer 
the adjudication of this claim for five years more, and then a fur- 
ther begging of twenty-five years more of Congress to pay it. 

To refer this bill to the Court of Claims is to practically aban- 
don it. It would be a wrong that does and must shock the con- 
science of any man who wants to be fair with the claimant. 
Already the Senate has reported this bill favorably five or six 
times and the House committees as many more. They have re- 
peatedly investigated it, and having the constitutional right as 
this House, adjudicated and held that it is a legal obligation 
against the Government; that it is just and should be paid. 

GREAT SAVING TO THE GOVERXJIEKT. 

The order of General Thomas of December 28, 1863, directing 
this property to be seized under the mistaken idea that it was con- 
fiscable property, says that ' ' the Government would save from 
§25,000 to $30,000 per j-ear " by using it for " printing blanks and 
orders," without counting "loss of time in getting work beyond 
the Ohio." 

The Quartermaster-General's oScial report for the year ending 

293D 



10 

June 30, 1805, shows the immense output of this establishment 
and the great saving it was to the Government. It says: 

The avera^fe saving: to the Government, taking Oincinnat', Chicago, Pitts- 
burg, and Nashville prices, as shown by monthly reports heretofore sent, 13 
83i "per cent, though it is believed the actual saving is 100. 

The report then compliments the management of this institu- 
tion as a military manufactory, in this language: 

The concern merits my warmest praise, and I recommend it to your favor- 
able notice and consideration. At this writing (IStiS) it is being turned over 
to the Bureau of Refugees, Freedmen, and Abandoned Liands, as no longer 
needed for the public service. 

The report had previously stated the immense amount of work 
done and the saving to the Government, in the following language: 

The operations of the establishment up to June 30, 1864, were given in my 
last annual report. During the year ending June 30, 1805, over 5,300,000 im- 
pressions were made; 4,352 forms printed; 101.000 quires of paper used; 22-3,0j0 
quires of blanks furnished, at a total cost to the United States, including pay, 
commutation, etc., of enlisted men, of $39,201.40; actual cost to the Quarter- 
master's Department, $25,458.45. (These fieures are shown by the monthly 
reports of the ofScer in immediate charge of the printing house, heretofore 
forwarded to your office.) The details of the establishment have been under 
the direction of Bvt. Maj. A. W. Wills, A. Q. M., who deserves great credit for 
its economical management. 

This clearly shows an immense saving in printing alone, ex- 
cluding that saved from freight and the higher printing, had it 
been done farther north. There must have been, we are forced 
to believe, a great saving in the other work done at this institution, 
judging from this immense saving in printing alone. 

NOT CONFISCABLE PKOPERTY. 

This institution, being a corporation, the law of confiscation did 
not apply to it. The Supreme Court of the United States held in 
the Planters' Bank Case that such was the law as to corporations. 
The court said: 

No authority was given to a military commandant, as such, to effect any 
confiscation, and under neither act was the property of a banking institution 
made confiscable. Both of them (acts of August 0, 1861, and July 17, 1863; 
had in view the property of natural persons (not corporations) who were 
public enemies, or persons who gave aid and comfort to the rebellion, and 
who held oihce under the Confederate government or under one of the States 
compoaing it. 

Now listen to this specially: 

In no one of the six classes of persons whose property was by the act of 
1863 declared subject to confiscation was an artificial being, i. e., corporation, 
included. 

Of course a printing corporation and a banking corporation 
would stand on the same footing. 

The libel of information filed against this property on the 34th 
of May, 1862, by the Government, through the district attorney of 
the United States at Nashville, was subsequently dismissed by 
the Government on November 13, 1865, being an action in rem. 
This is a conclusive admission against the Government that it 
ever had the right to condemn this property, which judgment 
not only binds the Government but precludes Congress contend- 
ing it could or should have been condemned. This judgment 
binds the court, which in turn binds Congress in its action. 

The report of the House on this subject, found on pages 12 and 

13, is conclusive on this point, to which I can add nothing. But 

aside from the law on this point, which I must here dismiss for 

want of more time, we ask, what was the fact? Dr. Abbey, the 

£030 



11 

agent in charge, states that not one cent of the money "belonging 
to the claimant "vras used in the aid of the rebellion. I quote from 
his afl&davit: 

No moneys of sn,id piiMisliinsr house were over -used, paid, ov in any way 
appropriated for the use, benefit, or advantage of said Confederacy, either 
in the purchase of Confederate bonds or otherwise, so far as he knows or be- 
lieves. He was the Unancial secretary of said publishing house for eight 
years, during the entire period of the late war, and he has no recollection of 
ever seeing a Confederate bond. 

The Rev. Dr. McFerrin, one of the purest and best men I 
ever knew, and -who was the general agent of the claimant up 
probably to 1862, says no part of the building, or in short any of 
its property, was " permitted to be used by or for the benefit of 
the Confederate army, so called." He does state, as does Dr. Ab- 
bey, and as did the gentleman from Ohio [Mr. G-kcsvenor] , that 
the Confederate forces, while in possession of Nashville, being 
short of funds, forced the claimant to print certain matter, Har- 
dee's Military Tactics, and possibly other like productions, but 
that the claimant was forced to do this, and that the editorial 
department and the columns of the paper were not open to the 
publication of any disloyal matter. This is about the subs tance of 
their affida^sats, found on pages 40-41 of the House reports. 

In addition to this, some of the members and officers of the Meth- 
odist Church South, to demonstrate the fact that not all even of 
the members of that Church took sides with the South, and to 
farther witness the fact that this corporation had not and should 
not take sides in this great struggle or any other political matter, 
held a meeting in Louisville, in 1864, and proclaimed in a formal 
ci and substantial way the fact that this corporation was nonpolifci- 
•g cal, was not disloyal, had not and would not take sides in the late 
J civil war. This all appears in the record of this case in the afS.- 
-^ davit of Dr. Finney, and possibly others. 

Subsequently, I 'believe in 1806, at New Orleans, the General 
Conference ratified the action of this meeting at Louisville just 
described, and directed, I believe, the payment of the incidental 
expenses attending the Louisville meeting. Here, then, is a wit- 
ness — a conference — unchallenged, as the others are, to the fact 
that not all of the members, ofBcial and otherwise, of this Church 
coincided with the South, and that during the war some of its 
officers proclaimed the fact that this claimant was loj'al and non- 
partisan, which declaration and act was thereafter reaffirmed, 
ratified, and indorsed deliberately by the General Conference of 
the Methodist Episcopal Church South- 
But, Mr. Chairman, leaving this point, I again reassert that this 
property was not seized with reference to its usefulness in any 
practical or strategic sense for the Army. It was seized to save 
money, and did save money by the thousands in printing and in 
other ways for the Army and as a convenience for the civil de- 
loartment of the Government. The law of military necessity did 
not apply. A publishing house is in no respect a part of army 
equipment. 

'When this property was seized the courts were open at Nash- 
ville; this Judge Whitworth states. The supreme court of Tennes- 
see was open. We have about five State supreme court reports 
known with us as the War Opinions. I was then an infant in my 
mother "s arms, and can not state as of my personal knowledge; 
but I have read the court records, and such was the fact. The Fed- 
eral courts were in session regularly. 

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12 

Judge Catron, of the Supreme Bench of the United States, held 
court there; Judge East was chancellor; the law of the land was 
being administered, and Tennessee was not in a state of rebellion 
at that time, as witnesssd by the fact that President Lincoln, in 
his emancipation proclamation of January 1, 1862, did not desig- 
nate therein Tennessee as one of the rebeiiioiis States. But even 
if Tennessee was, which had been the case, in a state of rebellion, 
private citizens who were loyal had the right to the protection of 
tbe law for themselves and their property, and they had the right 
to just compensation when the public welfare of the iJnion neces- 
sitated the taldng of their property. This, the Supreme Court of 
the United States has repeatedly held, was the law. 

And now, Mr. Chairman, as I conclude this branch of my 
speech, let me say that this is not a case of charity. Far from it. 
It brings grief to the heart of every Southern man that by mistake 
in the heat of debate it should have been so classed. It is an ex- 
isting right, the protection of which is guaranteed to us by the 
Constitution, which says that no man's property shall be "taken " 
from him; that he shall not be "deprived "of it without "just 
compensa,tion." This, Mr. Chairman, was a la,w before the Con- 
stitution was written — a law that governed even the original 
American, the Indian. It is the law of right and justice, the 
law which regulated the acts of the Jew and Gentile, the Greek 
and barbarian alike. 

It is not a charity we ask. It is a right which the proclama- 
tion of President Lincoln protected; which the orders of General 
Thomas and General Buell said would be protected and, if taken 
or damaged, would be paid for. But I want to say here as a Dem- 
ocrat and as a young man reared since the war that, if this claim 
is paid, or, if not this, like claims from the South are paid, by this 
Republican Congress, it will prove to our people that you want to 
deal fairly with us. 

The effect of paying this claim will radiate throughout the South 
that stands here insisting upon its payment because it is just. 
That section will feel, Mr. Chairman, that the Constitution in its 
letter and spirit is being upheld by the Republican party and en- 
forced as it should be and as it was in the palmy days of the 
Republic. Think of it! This claim is thirty years old, and for 
twenty-six long years, with every means honorable, the claimant 
has been knocking at the door of Congress for just compensation 
guaranteed to it by every law of this land, and yet there are 
those here, professing friendship for this claim, who want to defer 
payment. 

And now, turning for a few moments from this particular sub- 
ject, let me say that I am reminded by the speech of my distin- 
guished young friend from Texas [Mr. Henry] of something — an 
evil that is paralyzing the financial welfare, if not deadening the 
spiritual welfare of the churches, not only in the South, but 
throughout the Union and the civilized world, and that evil is 
the gold standard. You try now to make it appear that the fall- 
ing prices of to-day, if not the failing patriotism in this country, 
have not been superinduced by the gold standard. 

But you Republicans say you did not say this. You did not then 
say that hard times and failing prices would be superinduced by 
lack of confidence, but j'ou said then — which you now deny — that 
the gold standard would, cause " a decrease in the price of articles 

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13 

measured by tlie gold standard." I will now prove that yon did 
say this. 
I read fro3n an official mint report of the United States: 

The gradual adoption of the gold standard, and consequent demonetiza- 
tion of silver, will, of course, be followed by an increase in the value of gold, 
or, what is the samo thing, a decrease in the price of articles measured by it. 

Mr. Chairman, to prove that the gold standard wonld do so 
the report proceeds to state what had actually occurred under the 
gold standard in Europe. 1 quote again: 

Indeed, it is qiiite certain that this effect is already perceptible in some 
portions of Europe. 

You stated and at the same time proved your proposition, which 
you now deny. Is there any difference in the gold standard of 
1873 and the gold standard of 1893 or 1897? We have had the 
gold standard in this country since the coinage act of February 
12, 1873, took eifect April 1, 1873, and hence we have had a fall in 
prices, as this ofScial report said would be the case tinder the gold 
standard. 

Now, you do not want me to tell you from what official author- 
ity I am reading, do you? I will give you the benefit of this as 
information. I am reading from Dr. Linderman's mint report 
filed November, 1873. Who was Dr. Linderman? He was a lead- 
ing Eepublican and high official, a Mint Director of the United 
States, who, in the face of the deadening eftect of the gold stand- 
ard, aided in the demonetization of silver in 1873 and helped to 
fasten that odious British policy on us. Here is a EepubKcan offi- 
cial deliberately fixing on his people a financial policy he said 
would decrease prices, and which other Republican speakers have 
since said brought to our people more distress, more want, mora 
penury than all our wars and ravages of diseases have ever done. 
I want you Republicans to note the fact that this comment on the 
effect of the gold standard was made at a time when it did not 
seem to him that it was necessary to whitewash and color up its 
paralyzing effects on the business and the v/elf are of the people of 
this country. 

But that is not all. Let me read to you from another official 
report of Dr. Linderman's of 1875: 

The principal money markets of the world have been occasionally dis- 
turbed during the last three years — 

That is, the years 1874, 1873, and 1872— 

In seeking for the causes of these disturbances it would appear, at first 
glance, that the supply of gold is unequal to the legitimate demands of a 
rapidly increasing commerce of the world. A careful examination of the 
subject, however, v/ould show that the monetary troubles have not been 
caused by insufficient supplies of gold, but by its having been withheld in 
large sums from circulation and — 

What else now cause the money troubles? This report answers 
and says: 

The diminished use of silver as money. 

It was not a " lack of confidence," as you Republicans and gold 
men now say our trouble is; it was not only the locking up of 
gold, says this report, but it was "the diminished use of silver as 
money," coined under free coinage into unlimited tender, from 
which alone standard money can come. 
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u 

And yet, Mr. Chairman, the distinguished Secretary of the 
Treasury, Mr. Gage, the manly mouthpiece, I must admit, of 
the gold-standard fraternity and of the monopolists who furnished 
but few votes, but by their powerful influence much money for 
the recent campaign whereby President McKiuley"s election was 
secured, declares that it is his purpose, and, therefore, the pur- 
pose of President McKinley, to raore firmly rivet and fasten upon 
this patient, debt-ridden, distressed, and impoverished millions of 
people the gold standard. President McKinley must stand as in- 
dorsing it, because he does not disclaim it. Mr. Gage, it is said, 
offered to resign because of bis gold-standard views; but, nay, 
verily, if the press reports b/e true, President McKinley asked him 
not to, and as a matter of fact we know he has not, and we further 
easily conclude he will not, resign. 

Pardon me for alluding to one other bit of history. There was 
a prophecy made in 1868, at a time when the introduction of the 
gold standard in Paris was being discussed. This prophecy is 
contained in a thesis written by the distinguished bimetallists, 
Count Wolowski and Mr. Seyd. 

What did they say? After making five prophecies, in which 
they stated in substance that all of our present financial disti-ess 
and penury, our want and friction in business and social inter- 
course, would be superinduced by the adoption of the gold stand- 
ard, they made a sixth prophecy , which is peculiarly applicable to 
the present condition of things and the varying position of Presi- 
dent McKinley and his party. The gold men try to make it appear 
that our condition was not brought about by the gold standard, 
but by lack of confidence. The sixth prophecy is as follows: 

One of the principal difficulties in this period of general depression will 
be that people will look for its causes in all possible directions. The advo- 
cates of the gold standard will offer all possible groundless and fantastic ex- 
cuses or reasons of a secondary nature only, and the real cause, the demone- 
tization of silver, will be overlooked until the perspicuity of the phenomena 
and dire necessity shall force thinking men to point it out. 

For the delectation of the gentlemen on the other side of the 
Hall I shall avail myself of the privilege of inserting this wonder- 
ful prophecy in my remarks. 

The demonetization of silver by any great civilized nation must produce 
the following results: 

1. The international trade of the world will instantly show signs of decline, 
to the special injury of countries having the largest international trade. 

3. The spirit of public enterprise, in railroads and other useful undertak- 
ings, will be immediately checked, and consequently the general progress of 
civilization will suffer. 

3. The decline in prices will compel countries internationally indebted to 
depart more and more from the principles of free trade toward a policy of 
protection. 

4. The nations of the world will be divided into two groups— the one trad- 
ing in gold, the other in silver— and this condition will render commerce be- 
tween them unsafe and precarious. 

5. Throughout the world a decline in prices will follow, injurious alike to 
owners of real property and the laboring classes, and advantageous only — 
and unjustly so— to the holders of State bonds and similar securities. 

6. One of the principal difficulties in this period of general depression will 
be that people will look for its causes in all possible directions. The advo- 
cates of the gold standard will offer all possible groundless and fantastic ex- 
cuses or reasons of a secondary nature only, and the real cause, the demone- 
tization of silver, will be overlooked until the perspicuity of the phenomena 
and dire necessity shall force thinking men to point it out. 

That is a remarkable and wonderful prophecy, and how true! 
And now, Mr. Chairman, just a word or two more. I would 

2920 



15 

like to know exactly how the Chief Esectitive of this gi'eat coiin- 
try now stands on this subject. I had occasion tlie last session of 
this Congress to make the same allusion to the President. It is 
this: We find him last April appointing what? A monetary coin- 
mission to go to Europe. To do what? To discontinue the gold 
standard, not continue it. We find this same President, in the 
same year of our Lord, in the same year of the same Congres 3 
that he appointed the first commission, sending in, an hour and a 
half before the extra session of this Congress adjourned, a most 
importunate and urgent message, to do what? To pass a law giv- 
ing him power to appoint another commission, to do what? Con- 
tinue, not discontinue, the gold standard. Is ow, for what does ha 
stand? Where is the President? 
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